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Can anybody help with some legal advice about a motorcycle purchase


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Hello all,

I'm a first time poster so please be gentle with me!

I've got an issue and would appreciate some advice.

 

In February last year I purchased a motorcycle off the sole UK importer /concessionaire.

 

The bike was three months old.

I met the dealer [who is a director of the company] at the company headquarters.

 

 

The story that came with the bike was it had been bought by customer on the Isle of Man

who found he couldn't start it and that is how it came to be back at the importers premises.

 

 

I paid cash to the dealer and he gave me a handwritten receipt with full amount written on it including the bike's registration number.

 

The bike came with a full two year parts and labour warranty.

within weeks of buying the bike it developed some serious problems

[main bearings collapsed, rear suspension snapped]

 

 

The dealer ignored almost every phone call and email until eventually I declared the bike not fit for purpose

and asked for my money back.

 

 

This was five months after I bought the bike.

It was only when I threatened action in the small claims court that the dealer finally responded.

 

 

He said the sale was nothing to do with his company.

 

 

He had been acting independently when he sold me the bike and was simply selling the bike on for the customer in the Isle of Man.

 

He's obviously trying it on but I'm curious if he has any right to do this.

 

 

To summarise I've walked into a main agents/importers premises to buy a bike off him.

I've handed over cash to a director of the company and at no time [until 5 months after the fact]

has he informed me the sale had nothing to do with him.

 

 

He was simply doing someone a favour and the reciept he gave me was a simply a petty cash receipt.

 

 

If I want a refund I need to contact the man on the Isle of Man.

 

Do you think his defense could have any legs in court?

 

 

I would hope not but you never know...

Any advice gratefully received,

Bob

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Certainly if the receipt make no mention of the fact that he is simply acting as an agent then I would go ahead and sue him with better than 95% hopes of success.

What is the name of the dealer? or are you trying to protect him?

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Hi,

Thanks for your input. I'm not trying to protect the dealer, the reason I haven't named him is simply because the claim is in court in a couple of weeks time and I don't want to prejudice anything regarding the case.

Also , it's very easy to destroy somebody's reputation on the internet and as I can only present my side of the story at this stage I don't think this is fair. However, if the court decides in my favour then I'll be very happy to name and shame!

All the best , Bob

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